Daily Comment on News and Issues of Interest to Michigan Lawyers

10/25/2013

Defending Hate Speech

The Atlantic,
Jonathan Rauch makes the case that hate speech contributes to the
establishment of new rights. From "The Case for Hate Speech: How Anita
Bryant, Jerry Falwell, and Orson Scott Card have advanced the cause of
gay rights":

History shows that the more open the intellectual environment, the
better minorities will do. We learn empirically that women are as
intelligent and capable as men; this knowledge strengthens the moral
claims of gender equality. We learn from social experience that laws
permitting religious pluralism make societies more governable; this
knowledge strengthens the moral claims of religious liberty. We learn
from critical argument that the notion that some races are fit to be
enslaved by others is impossible to defend without recourse to hypocrisy
and mendacity; this knowledge strengthens the moral claims of inherent
human dignity. To make social learning possible, we need to criticize
our adversaries, of course. But no less do we need them to criticize us.

Dale Carpenter at Volokh Conspiracy applauds, but a comment points out that confirmation bias theory research suggests that Rauch may be too sanguine.

Comments

Defending Hate Speech

The Atlantic,
Jonathan Rauch makes the case that hate speech contributes to the
establishment of new rights. From "The Case for Hate Speech: How Anita
Bryant, Jerry Falwell, and Orson Scott Card have advanced the cause of
gay rights":

History shows that the more open the intellectual environment, the
better minorities will do. We learn empirically that women are as
intelligent and capable as men; this knowledge strengthens the moral
claims of gender equality. We learn from social experience that laws
permitting religious pluralism make societies more governable; this
knowledge strengthens the moral claims of religious liberty. We learn
from critical argument that the notion that some races are fit to be
enslaved by others is impossible to defend without recourse to hypocrisy
and mendacity; this knowledge strengthens the moral claims of inherent
human dignity. To make social learning possible, we need to criticize
our adversaries, of course. But no less do we need them to criticize us.

Dale Carpenter at Volokh Conspiracy applauds, but a comment points out that confirmation bias theory research suggests that Rauch may be too sanguine.